RICHMOND – A long-time Portsmouth Democrat injected some intrigue into this legislative session Tuesday, cutting a deal with Republicans that would have put her neighbor on the Virginia Court of Appeals.

The sun hadn’t even set, though, before the deal to break a partisan logjam over a Virginia Supreme Court seat was off. State sen. Louise Lucas met with Gov. Terry McAuliffe and announced that she’d stick with her party, backing McAuliffe’s Supreme Court appointee, Jane Marum Roush.

Republicans have been trying to elevate Court of Appeals Judge Rossie Alston to the state’s high court instead, but with one GOP senator declining to go along, they’re a single vote shy.

Lucas said Republican Senate Majority Leader Thomas K. “Tommy” Norment caught up with her before session Tuesday with a question: Would she like to see Portsmouth Circuit Court Judge Kenneth R. Melvin replace Alston on the Court of Appeals?

Melvin, a former member of the House of Delegates, lives on Lucas’ street. She described him as a friend who helped her win her first election to the Senate some 25 years ago.

Tuesday afternoon the Senate Courts of Justice Committee called a hasty meeting and voted to certify both Alston and Melvin for the bench – a necessary precursor to final votes to elect both judges. Lucas voted for Alston, surprising her Democratic colleagues.

Asked whether Melvin’s promotion meant she had to back Alston in exchange, Lucas told reporters, “I think that it was understood that if I was going to get him … there was going to be some reciprocal.”

“(Norment) just said that that would be the consideration,” she said. “He left it up to me. There was no twisting my arm. Nobody twisted my arm on this.”

Norment, R-James City, declined to discuss this matter with the Daily Press.

The governor offered nothing, his spokesman said, to bring Lucas back into the fold. Senate Democratic Caucus Chairman Donald McEachin simply said the governor was his usual persuasive self.

Rob Ostermaier / Daily Press

The 2016 session of the House of Delegates gets down to business Wednesday in Richmond.

The 2016 session of the House of Delegates gets down to business Wednesday in Richmond. (Rob Ostermaier / Daily Press)

Lucas was frank with reporters immediately after her vote, saying she couldn’t be swayed back by partisan pressure. She didn’t take reporters’ calls following the meeting with McAuliffe. The Democratic Caucus issued a statement on her behalf.

“I have spoken with Judge Melvin, and he said he is ‘perfectly satisfied’ as a circuit court judge in the City of Portsmouth,” she said in that statement. “I am proud to have served for many years with my fellow Democratic senators, and it is in light of my great respect for them — and for the governor, whom I have known for twenty years — that I will be supporting Justice Roush on the floor of the Senate.”

That deadlocks the issue again.

The Virginia General Assembly elects judges, but the governor makes off-session appointments, and McAuliffe named Roush to the state Supreme Court last year. The Republicans majority has declined to vote her a full term, and planned to replace her with Alston.

Republicans hold the House by a wide margin, but in the Senate it’s 21-19, and freshman state Sen. Glenn Sturtevant, R-Richmond, declined to go with his party’s plan. Republicans have been trying to find a Democrat to cross the aisle for weeks.

This is far from Virginia’s first controversial judge fight. Two years ago Democratic state Sen. Phil Puckett resigned his seat, flipping the Senate majority to Republicans and allowing them to pass a state budget without including McAuliffe’s hoped-for Medicaid expansion.

Republicans in the House had been holding up a vote to finalize a judgeship for Puckett’s daughter. The General Assembly confirmed her after he resigned.

In early 2015 the legislature named Judge Richard Y. AtLee Jr. to the Court of Appeals. When the Daily Press asked Norment about his ties to AtLee’s father, and why AtLee’s name was added to the list of candidates so late in election process, Norment said it might be time to reform the way Virginia picks judges.

Norment has not moved to do so in the ensuing two sessions.

Just last month, Lucas called Alston a pawn in this latest judge fight. She told reporters Tuesday that she considered herself a pawn, too. She couldn’t, though “let this opportunity slip away.”

“This is probably going to be, maybe, the most significant thing I’ve done since I’ve been here,” she said of Melvin’s potential promotion.

“I know I’m probably going to catch a lot of heat from a lot of people, but I live in Portsmouth,” Lucas told reporters before meeting with McAuliffe. “I have thick skin because I’m an African American woman who’s been through a lot.

“I ain’t scared of crap around here,” she said. “Not after 25 years.”

Previously ...

RICHMOND - State Sen. Louise Lucas confirmed this evening, in a news release from the Virginia Senate Democratic Caucus, that she's back to supporting Gov. Terry McAuliffe's pick for the state Supreme Court.

Lucas had flipped her support this afternoon in a deal with Senate Majority Leader Thomas K. "Tommy" Norment, she said, which would have elevated her friend, Portsmouth Circuit Court Judge Kenneth Melvin, to the state Court of Appeals.

After meeting with McAuliffe, Lucas changed her mind.

“I have spoken with Judge Melvin, and he said he is ‘perfectly satisfied’ as a circuit court judge in the City of Portsmouth," she said in the statement. "I am proud to have served for many years with my fellow Democratic senators, and it is in light of my great respect for them — and for the governor, whom I have known for twenty years — that I will be supporting Justice Roush on the floor of the Senate.”

Justice Jane Marum Roush was McAuliffe's appointee to the state's high court. Republicans in the majority at the legislature have been trying to replace here with Court of Appeals Judge Rossie Alston.

Norment has not yet commented on today's events. He's in a budget meeting, and the Daily Press is waiting to speak to him.

Previously ...

State Sen. Louise Lucas, the Portsmouth Democrat who cut a deal with Republicans today to back their candidate for the state Supreme Court, may be backing out, deadlocking the matter once again.

A spokesman for Gov. Terry McAuliffe, as well as Senate Democratic Caucus Chairman Donald McEachin said late this afternoon minutes ago that Lucas has agreed to support McAuliffe's pick for the high court after a closed door meeting in the governor's office.

The meeting took place less than an hour after a surprise committee meeting at which Lucas backed Court of Appeals Judge Rossie Alston for the seat. Her long-time friend, Circuit Court Judge Kenneth R. Melvin, would replace Alston on the Court of Appeals under an arrangement discussed with Senate Majority Leader Thomas K. "Tommy" Norment, Lucas told reporters.

That would have to be consummated with Senate floor votes that likely won't come for a few days, though.

"I think that the Republicans will not be able to find 21 votes to support Alston," McEachin said.

A Daily Press attempt to reach Lucas on her cell phone wasn't immediately successful. In a brief call with the Associated Press, Lucas confirmed the change of heart, the news service reported.

McEachin and Coy said the governor didn't offer Lucas anything in return for her support, but neither would detail the conversation.

"You know how persuasive ... our governor is," McEachin said.

"I'm not going to comment on their private conversations," Coy said.

Previously ...

RICHMOND – Democratic state Sen. Louise Lucas sided with Republicans Tuesday on their choice for the state Supreme Court in exchange for her neighbor and political ally's elevation to the Virginia Court of Appeals.

The deal breaks a standoff between General Assembly Republicans and the Democrats, who had been supporting Gov. Terry McAuliffe's appointee for the high court in a block.

Lucas said she ran into Senate Majority Leader Thomas K. "Tommy" Norment, R-James City, before session Tuesday, and he asked whether she'd like to see Portsmouth Circuit Court Judge Kenneth R. Melvin move up in the courts system.

Melvin, a former member of the House of Delegates, lives on Lucas' street. She described him as a friend who helped her win her first election to the Senate some 25 years ago.

Asked Tuesday whether Melvin's promotion meant she had to back Alston in exchange, Lucas replied, "I think that it was understood that if I was going to get hem … there was going to be some reciprocal."

"(Norment) just said that that would be the consideration," she said. "He left it up to me. There was no twisting my arm. Nobody twisted my arm on this."

The Virginia General Assembly elects judges, but the governor makes off-session appointments, and McAuliffe named Roush to the state Supreme Court last year. The Republicans majority declined to go along with that, and planned to elect Appeals Court Judge Rossie Alston instead.

But the state Senate is narrowly divided, with Republicans holding a 21-19 advantage. Freshman state Sen. Glenn Sturtevant, R-Richmond, declined to go with the plan, and the Supreme Court issue has been on hold for weeks.

It started moving Tuesday afternoon with a surprise meeting of the Senate Courts of Justice Committee, which voted to certify both Alston and Melvin, a necessary first step before the coming House and Senate floor votes that will – if all goes as expected – seal the deal.

Just last month, Lucas called Alston a pawn in the high profile fight between McAuliffe and the legislature's Republican leadership. Asked if she now considers herself a pawn, too, Lucas replied, "Yeah, I do."

Lucas, who is perhaps best known for annual efforts to bring casino gambling to Portsmouth, said Democrats and Republicans have killed off her legislative priorities over her 25 years in the Senate. She expressed some disappointment in being passed over for positions in the party caucus over the years.

"This is probably going to be, maybe, the most significant thing I've done since I've been here," she said of Melvin's promotion. "I wasn't going to let this opportunity slip away."

Lucas was frank with reporters after the surprise maneuver, speaking to a gaggle just outside the Senate chamber. Democratic Caucus Chairman Donald McEachin stood nearby for a bit, looking displeased.

He asked to speak with Lucas as things began to wrap up.

"I know I'm probably going to catch a lot of heat from a lot of people, but I live in Portsmouth," Lucas told reporters. "I have thick skin because I'm an African American woman who's been through a lot.

I ain't scared of crap around here," she said. "Not after 25 years."

Lucas spoke briefly with McEachin before leaving the Capitol. They ended the conversation with an exchange of "I love yous."

McEachin declined to comment. The floor votes to elect Alston and Melvin will likely happen in the coming days.